Short Term Disability Lawyers in Ontario
Short term disability benefits provide income replacement when an illness or injury prevents you from working. In Ontario, many Short Term Disability claims are delayed, cut off early, or denied even when a doctor supports time away from work.
This page explains how short term disability works in Ontario, why claims are denied, what to do next, and how legal help can protect both your benefits and your job.
Types of STD Cases
Serving Ontario -
Virtual Appointments Available
Local representation, familiarity with Ontario-wide employers and insurers, in-person or virtual meetings, fast response on urgent STD denials.
Experience With Denied and Cut-Off STD Claims
Focus on appeals, terminations of benefits, mental health and complex medical claims, and insurer tactics commonly used in Ontario.
Employment Protection While on Disability Leave
Handling terminations during medical leave, coordination of STD disputes with wrongful dismissal and human rights issues.
Should I appeal or start a claim?
While some Disability Insurance law firms require that their clients only proceed with a claim, at Kadish Law, we provide our clients with both options: to either appeal their short term disability denial, to proceed directly to a claim, or both one after the other.
There are advantages to both appeals and claims. In many ways, these are opposites, and the weaknesses of a claim are the strengths of an appeal, and visa versa.
Can you help me appeal?
Yes, we provide FREE appeal assistance for denied Short Term Disability insurance claims.
Often you will receive an answer from the insurer within 30-60 days, from the time you provide them with all necessary information.
Can I bring a claim if my
appeal is not successful?
Yes, many of our clients choose to first try a free appeal of their denied Short Term Disability claim.
If the appeal is not successful (and typically they will find out quickly), then we can assist in bringing a claim to pursue the now twice denied Short Term Disability benefits. Our claims process enjoys a success rate of over 98%.
Call us for a 100% free disability appeal or claim review: (416) 931-2555.
What Is Short Term Disability in Ontario?
Short term disability, often called STD, is usually an employer-sponsored insurance benefit. It pays a portion of your income for a limited period if you cannot work due to medical reasons.
STD is not the same as:
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EI sickness benefits
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WSIB
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Long term disability (LTD)
Many disputes arise because insurers apply a strict disability test that focuses on job duties and functional ability, not just diagnosis.
How Short Term Disability Claims Work
Most Ontario STD plans require:
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a waiting or elimination period
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medical evidence from treating providers
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regular progress updates
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confirmation that you cannot perform your essential job duties
Insurers often look for functional restrictions tied directly to your role. General statements like “unable to work” are frequently treated as insufficient.
Common Reasons STD Claims
are Denied in Ontario
Short term disability denials commonly rely on:
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alleged insufficient medical evidence
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missed forms or deadlines
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pre-existing condition exclusions
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insurer opinions that you can work with restrictions
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mental health claims lacking functional detail
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surveillance or social media reviews
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conflicting medical opinions between your doctors and insurer reviewers
A denial usually reflects how the insurer interprets the policy, not whether you are actually able to work.
Short Term Disability and Mental Health Claims
Many STD claims in Ontario involve:
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anxiety
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depression
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burnout
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PTSD
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stress-related conditions
Mental health claims are valid under STD plans, but insurers often demand clear evidence explaining how symptoms prevent concentration, attendance, decision-making, or interaction required by the job.
Claims for Depression and/or Anxiety are likely the most common type of claim we assist with. Insurers often claim that notes from a treating physician and specialist also containing symptoms and restrictions do not constitute "objective medical evidence".
Thankfully, the Courts do not agree and mental health conditions are now widely recognized as entirely valid and just as real as any physical injury or illness.
What To Do If Your Short Term Disability Is Denied
If your STD claim is denied or terminated:
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Obtain the denial letter and reasons in writing
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Request and review the STD policy or benefits booklet
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Gather medical records addressing functional limitations
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Submit an appeal within the plan deadline
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Get legal advice if the denial is complex or time-sensitive
Early strategy matters. Poorly framed appeals can weaken later legal options.
Can You Be Fired While on Short Term Disability in Ontario?
An employer cannot terminate you because of disability. However, terminations sometimes occur during medical leave and are later justified on other grounds.
If this happens, there may be:
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an insurance dispute over STD benefits
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an employment law claim involving wrongful dismissal or human rights violations
These issues should be handled together, not separately.
How a Short Term Disability Lawyer Helps
Legal assistance may include:
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analyzing the disability test under the policy
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identifying missing or mischaracterized medical evidence
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coordinating targeted medical documentation
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preparing structured STD appeals
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protecting your employment rights while on leave
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pursuing litigation where benefits are unreasonably denied
Short Term Disability Ontario Deadlines
STD plans often impose strict timelines for:
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initial applications
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medical updates
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appeals
Missing a deadline can limit or eliminate your ability to challenge the insurer’s decision.
Short Term Disability Lawyers in Toronto and Ontario
Kadish Law represents employees across Toronto, the GTA, and Ontario in denied and terminated short term disability claims.
Our practice focuses on:
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disability insurance disputes
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employment law and wrongful dismissal
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terminations during medical leave
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human rights and accommodation issues
We regularly act for professionals, managers, and employees facing pressure to return to work before they are medically able.
Serving all of Ontario, including:
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Toronto
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Greater Toronto Area
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Ottawa
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Brampton
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Mississauga
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Hamilton
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London
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Markham
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Vaughan
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Kitchener
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Windsor
Frequently Asked Questions
How long does short term disability last in Ontario?
It depends on the specific insurance plan. Coverage is usually limited to a defined short-term period before LTD may apply.
Some companies provide no STD, and only an elimination period on EI sick benefits until LTD kicks in. The most common timelines for STD benefits, however, are 3 months, 6 months, and 12 months.
What percentage of salary does STD pay?
Most plans pay a percentage of earnings, subject to caps set by the policy.
Each policy is different, with many STD policies providing any of 50%, 60%, 66.66%, 75%, or 100% for some period of time. Some policies have one coverage amount for one period, eventually dropping to a lower percentage.
Can I be terminated while on short term disability?
You cannot be terminated because of disability, but employers sometimes attempt to justify terminations during leave.
We provide legal assistance in not only accessing your STD benefits, but also with protecting your employment and any employment related matters while off on sick-leave.
Is short term disability the same as EI sickness benefits?
No. STD is typically an employer-sponsored insurance benefit, while EI sickness is a federal program.
If you are uncertain as to whether or not you have STD benefits, email your employer (in writing) and request a confirmation if you have STD or LTD benefits, and if so to provide you with a copy of the application.
Can an insurer require a medical assessment?
Many plans allow insurer-requested assessments, but there are limits and strategic considerations.